Grand jury

Aaron A Pelley

The American Bar Association: "The Fifth Amendment to the U.S. Constitution requires a grand jury indictment for federal criminal charges. Only about half the states now use grand juries."

Alexander Thomas Henderson

In California a prosecutor may convene a grand jury if they want to avoid conducting a "preliminary hearing" which is a judicial and public hearing required to establish probable cause to bound someone over for trial. A grand jury indictment on the other hand is sealed and not a public record.

Okorie Okorocha

One reason could be that it is a good way to force people to testify before a trial, which may help the prosecutor locate witnesses and develop evidence. Normally people do not need to speak to the police or the prosecutor.

John Thomas Floyd III

In Texas and in Federal Courts throughout the United States, before a prosecution for a felony offense to proceed there must be a grand jury indictment.

''The grand jury is an integral part of our constitutional heritage which was brought to this country with the common law. The Framers, most of them trained in the English law and traditions, accepted the grand jury as a basic guarantee of individual liberty; notwithstanding periodic criticism, much of which is superficial, overlooking relevant history, the grand jury continues to function as a barrier to reckless or unfounded charges . . . . Its historic office has been to provide a shield against arbitrary or oppressive action, by insuring that serious criminal accusations will be brought only upon the considered judgment of a representative body of citizens acting under oath and under judicial instruction and guidance.'' United States v. Mandujano, 425 U.S. 564, 571 (1976) (plurality opinion).

Grand juries are to operate under the direction but not the control of the prosecutor. However, in reality prosecutors in almost every jurisdiction in this country have unfettered control over the indictment process. They are the gatekeepers of all information that is presented to the grand jury. They are often the only individuals present other than the jurors themselves. They submit the “evidence”, which can contain facts and statements traditionally inadmissible before a court at trial, and they make the only arguments. Their version of the case is completely uncontested and one-sided. The defense has no right to present evidence to the grand jury or to have a lawyer present. Witnesses who testify before the grand jury have no right to have a lawyer present with them before the grand jury. In fact, there is no one present, or any mechanism in place, to prevent a prosecutor from misleading a grand jury, whether by direct falsehood or by the omission of exculpatory evidence, to get an indictment. There is no judge or moderator to guarantee that the evidence presented is fair, accurate and complete. Sadly, it has been said, and it is true, that even an inexperienced prosecutor can convince a grand jury to indict a ham sandwich.

Sharon Elizabeth Chirichillo

Governed under Chapter 10.27 RCW Grand juries — criminal investigationsA "grand jury" consists of twelve persons, is impaneled by a superior court and constitutes a part of such court. The functions of a grand jury are to hear, examine and investigate evidence concerning criminal activity and corruption and to take action with respect to such evidence. The grand jury shall operate as a whole and not by committee.

ghostofcwheeler

A prosecutor convenes grand juries because the jury is comprised of lay people, and the prosecutor knows that our system of justice is out of the ken of most people, for their only contact with the justice system is while watching Perry Mason. With no judge or opposing counsel in the room, grand jurors naturally defer to the prosecutor since he is the most knowledgeable official on the scene. There is an exception in my state, Georgia, police agents who have been accused of wrongdoing are not only allowed to bring their attorneys into the grand jury room when they have been subpoenaed to testify, the attorneys are permitted to attend all of the grand jury’s proceedings in the matter and are even permitted to give a closing statement to the jurors after the prosecutor has presented his case(See Official Code of Georgia, Title 45-11-4(g)). Why can't we be given the same rights? Anyway, if not mandated, and some accusations must to go before a Grand Jury, the alterative would be an evidentiary hearing in front of a judge/magistrate, who happens to know the law. Who might or might not find probable cause. Its much easier to go the secrect way, the Grand Jury way.

Philip Andrew Holloway

Sometimes prosecutors use the Grand Jury to dismiss politically sensitive cases. Since the proceedings are secret, prosecutors can direct the presentation in a way that causes the Grand Jury to "No Bill" the case.

Nathaniel G Raff

In most states, there must be a determination of probable cause in felony cases. In other words, a determination must be made whether there is enough evidence to hold a pewrson to answer for the charges. This is done either through presentation of evidence to a grand jury, where no defense attornies are permitted, or by way of preliminary hearing, which involves a judicial determination of probable cause where defense attornies can cross examine witnesses. It is easier to convince a grand jury, which is comprised of lay persons, than a judge at a preliminary hearing, that there is enough evidence to maintain charges against a person, mostly because there is no defense attorney to present the other side of the story.